[Federal Register: August 17, 2004 (Volume 69, Number 158)]
[Notices]
[Page 51143-51144]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17au04-107]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2004-18647]
Notice of Receipt of Petition for Decision That Nonconforming
2004 360 Series Ferrari Passenger Cars Are Eligible for Importation
AGENCY: National Highway Traffic Safety Administration, DOT
ACTION: Notice of receipt of petition for decision that nonconforming
2004 360 series Ferrari passenger cars are eligible for importation.
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SUMMARY: This document announces receipt by the National Highway
Traffic Safety Administration (NHTSA) of a petition for a decision that
nonconforming 2004 360 series Ferrari passenger cars that were not
originally manufactured to comply with all applicable Federal motor
vehicle safety standards are eligible for importation into the United
States because (1) they are substantially similar to vehicles that were
originally manufactured for importation into and sale in the United
States and that were certified by their manufacturer as complying with
the safety standards, and (2) they are capable of being readily altered
to conform to the standards.
DATES: The closing date for comments on the petition is September 16,
2004.
ADDRESSES: Comments should refer to the docket number and notice
number, and be submitted to: Docket Management, Room PL-401, 400
Seventh St., SW., Washington, DC 20590. [Docket hours are from 9 a.m.
to 5 p.m.].
Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit
http://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: Coleman Sachs, Office of Vehicle
Safety Compliance, NHTSA (202-366-3151).
SUPPLEMENTARY INFORMATION:
Background
Under 49 U.S.C. 30141(a)(1)(A), a motor vehicle that was not
originally manufactured to conform to all applicable Federal motor
vehicle safety standards shall be refused admission into the United
States unless NHTSA has decided that the motor vehicle is substantially
similar to a motor vehicle originally manufactured for importation into
and sale in the United States, certified under 49 U.S.C. 30115, and of
the same model year as the model of the motor vehicle to be compared,
and is capable of being readily altered to conform to all applicable
Federal motor vehicle safety standards.
Petitions for eligibility decisions may be submitted by either
manufacturers or importers who have registered with NHTSA pursuant to
49 CFR Part 592. As specified in 49 CFR 593.7, NHTSA publishes notice
in the Federal Register of each petition that it receives, and affords
interested persons an opportunity to comment on the petition. At the
close of the comment period, NHTSA decides, on the basis of the
petition and any comments that it has received, whether the vehicle is
eligible for importation. The agency then publishes this decision in
the Federal Register.
J.K. Technologies of Baltimore, Maryland (``JK'') (Registered
Importer 90-006) has petitioned NHTSA to decide whether nonconforming
2004 360 series Ferrari passenger cars are eligible for importation
into the United States. The vehicles which JK believes are
substantially similar are 2004 360 series Ferrari passenger cars that
were manufactured for importation into, and sale in, the United States
and certified by their manufacturer as conforming to all applicable
Federal motor vehicle safety standards.
The petitioner claims that it carefully compared non-U.S. certified
2004 360 series Ferrari passenger cars to their U.S.-certified
counterparts, and found the vehicles to be substantially similar with
respect to compliance with most Federal motor vehicle safety standards.
JK submitted information with its petition intended to demonstrate
that non-U.S. certified 2004 360 series Ferrari passenger cars as
originally manufactured, conform to many Federal
[[Page 51144]]
motor vehicle safety standards in the same manner as their U.S.
certified counterparts, or are capable of being readily altered to
conform to those standards.
Specifically, the petitioner claims that non-U.S. certified 2004
360 series Ferrari passenger cars are identical to their U.S. certified
counterparts with respect to compliance with Standard Nos. 102
Transmission Shift Lever Sequence, 103 Defrosting and Defogging
Systems, 104 Windshield Wiping and Washing Systems, 106 Brake Hoses,
109 New Pneumatic Tires, 113 Hood Latch System, 116 Brake Fluid, 118
Power-operated Window, Partition, and Roof Panel Systems, 124
Accelerator Control Systems, 135 Passenger Car Brake Systems, 202 Head
Restraints, 203 Impact Protection for the Driver from the Steering
Control System, 204 Steering Control Rearward Displacement, 205 Glazing
Materials, 206 Door Locks and Door Retention Components, 207 Seating
Systems, 210 Seat Belt Assembly Anchorages, 212 Windshield Retention,
214 Side Impact Protection, 216 Roof Crush Resistance, 219 Windshield
Zone Intrusion, and 302 Flammability of Interior Materials.
The petitioner also contends that the vehicles are capable of being
readily altered to meet the following standards, in the manner
indicated:
Standard No. 101 Controls and Displays: (a) Modification of the
existing instrument cluster, or installation of entire U.S.-model
instrument cluster assembly; (b) downloading of U.S.-version software
information so that the vehicle complies with the standard.
No. 108 Lamps, Reflective Devices and Associated Equipment: (a)
Installation of U.S.-model front and rear sidemarker lamp assemblies
that incorporate side reflex reflectors; (b) installation of U.S.-model
headlamp assemblies; (c) installation of U.S.-model taillamp
assemblies, or modification of the existing taillamp assemblies to
comply with the requirements of this standard.
Standard No. 110 Tire Selection and Rims: Installation of a tire
information placard.
Standard No. 111 Rearview Mirror: Inscription of the required
warning statement on the face of the passenger side rearview mirror, or
replacement of the passenger side mirror with a U.S.-model component.
Standard No. 114 Theft Protection: Downloading of U.S.-version
software information so that the vehicle complies with the requirements
of this standard.
Standard No. 201 Occupant Protection in Interior Impact: Inspection
of all vehicles and installation, on vehicles that are not already so
equipped, of trim components that are necessary to comply with the
upper interior impact requirements of the standard.
Standard No. 208 Occupant Crash Protection: (a) Inspection of all
vehicles and replacement of non-compliant seat belt assemblies with
U.S.-model components; (b) downloading of U.S.-version software
information so that the vehicle complies with the seat belt audible
warning requirements of this standard.
Standard No. 209 Seat Belt Assemblies: Inspection of all vehicles
and replacement of the seat belt assemblies with U.S.-model components
on vehicles that are not already so equipped.
Standard No. 225 Child Restraint Anchorage Systems: Installation of
U.S.-model tether anchorages in coupe model.
Standard No. 301 Fuel System Integrity: Replacement of any non U.S.
model components with U.S.-model components so that the vehicle
complies with the requirements of this standard.
Standard No. 401 Interior Trunk Release: Installation of U.S. model
components to permit the trunk lid to be released from inside the
trunk, so that the vehicle complies with the requirements of this
standard.
In addition, the petitioner states that front and rear bumper
reinforcements must be added to the vehicles to comply with the Bumper
Standard found in 49 CFR Part 581. The petitioner states that it will
use components that have already been tested to the requirements of the
Bumper Standard when installed on 2001 360 Ferrari passenger cars that
it believes are the same as 2004 360 Ferrari passenger cars with
respect to conformity with this standard (As part of a Petition for a
decision that nonconforming 2001 360 Series Ferrari Passenger Cars are
eligible for importation (see NHTSA docket 2001-9628), JK submitted a
report from MGA Research of Burlington, Wisconsin, dated March 7, 2002,
which indicates that it tested a Ferrari 360 Spider to the requirements
of Part 581 and that there was no damage to the vehicle during this
testing. JK has represented this vehicle to be a non-U.S. certified
2001 Ferrari 360 that it modified to conform to the requirements of
Part 581.).
In addition, a supplemental visible label must be affixed to the
vehicles near the left windshield post to meet the requirements of 49
CFR Part 565, and a reference and certification label must be affixed
to the edge of the driver's side door to ensure compliance with the
requirements of 49 CFR Part 567.
Interested persons are invited to submit comments on the petition
described above. Comments should refer to the docket number and be
submitted to: Docket Management, Room PL-401, 400 Seventh St., SW.,
Washington, DC 20590. [Docket hours are from 9 a.m. to 5 p.m.]. It is
requested but not required that 10 copies be submitted.
All comments received before the close of business on the closing
date indicated above will be considered, and will be available for
examination in the docket at the above address both before and after
that date. To the extent possible, comments filed after the closing
date will also be considered. Notice of final action on the petition
will be published in the Federal Register pursuant to the authority
indicated below.
Authority: 49 U.S.C. 30141(a)(1)(A) and (b)(1); 49 CFR 593.8;
delegations of authority at 49 CFR 1.50 and 501.8.
Claude H. Harris,
Director, Office of Vehicle, Safety Compliance.
[FR Doc. 04-18823 Filed 8-16-04; 8:45 am]
BILLING CODE 4910-59-P